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Bogalusa Personal Injury Attorney

At The Penton Law Group, PLLC we are dedicated legal advocates for injured people. We focus solely on personal injury law – It is all we do. Our Bogalusa, Louisiana lawyers have over a decade of experience representing individuals and families in personal injury matters.

Why Choose Us?

  • We put our clients first, going above and beyond to ensure their legal needs are met while pursuing maximum compensation under the law.
  • We are available for questions or concerns 24/7, and we respond to calls, texts and emails promptly.
  • We limit our caseload to ensure that every client we represent gets the attention they deserve.

Elements of Negligence in a Personal Injury Claim

Most personal injury claims arise because a person or entity was, in some way, negligent, and that negligence resulted in injury or harm to a person. Examples of personal injury matters include:

Proving Negligence

In most cases, personal injury claims do not arise because of an intentional act or from an intentional failure to act.  Instead, personal injury claims arise because the responsible party acted carelessly or negligently.  The injured person who files a personal injury claim is known as the plaintiff.  The person or entity who caused the injury is known as the defendant.  To win a personal injury case, you must prove the main elements of negligence:

  • The defendant owed the plaintiff a duty of care.
  • The defendant breached that duty of care.
  • The actions of the defendant were the direct cause of the plaintiff’s injuries or losses.
  • The plaintiff incurred damages due to the defendant’s actions.

What Is a Duty of Care?

A claim based upon the negligence of another requires the plaintiff to prove that the defendant’s actions failed to meet a required level of reasonable care under the circumstance. However, that level of care may vary depending on the type of personal injury claim made.

  • In an automobile accident claim: The driver of a motor vehicle has a duty to operate the vehicle using reasonable care at all times, even during poor driving conditions. Poor driving conditions can include bad weather, poor visibility and times when traffic is negatively affected for one reason or another.
  • In a medical malpractice claim: Doctors and medical professionals must exercise the same level of skill and care that a reasonably competent healthcare provider would exercise under similar circumstances; however, not all mistakes made by a medical professional are considered malpractice.
  • In a premises liability claim: The property owner has a duty to keep the premises free of known dangers. If the owner does not know of the dangerous condition, but reasonably should have known of it, they could liable for injuries or harm caused by the dangerous condition.

Damages in Personal Injury Claims

There are two categories of damages in a personal injury case: compensatory damages and punitive damages.  Compensatory damages are monetary awards that compensate the injured person for their losses, and this category of damages consists of economic and non-economic damages.

Economic Damages

Economic damages are calculated based upon the plaintiff’s actual losses. They may include past and future medical expenses, lost wages, property damage, out-of-pocket expenses and rehabilitation costs.

Non-Economic Damages

Non-economic damages are more difficult to value and cannot be specifically calculated. They may include a monetary award for pain and suffering, emotional distress, mental anguish, loss of companionship, loss of enjoyment of life or other less tangible losses.

Punitive Damages

Punitive damages are intended to punish the defendant for reprehensible acts and to deter the defendant and others from ever engaging in those acts. Punitive damages are not routinely awarded. Louisiana Civil Code Art. 3546 sets forth the general guidelines as to whether punitive damages may be claimed.  Louisiana courts disfavor awarding punitive damages except in very limited circumstances.

What Is a Statute of Limitations?

A statute of limitations is a time limit imposed by law. The plaintiff in a personal injury claim has a limited amount of time in which to file a lawsuit.  If the plaintiff does not file the lawsuit within that time limit, their claim is forever barred. Generally, the time limit begins to run from the date the plaintiff was injured or became aware of the injury. Statutes of limitations vary from state to state.  Different time limitations can apply depending on the type of claim you have and on who the responsible parties are.

In Louisiana, many cases are subject to a one-year statute of limitations.  This means that the injured person has only one year from the accident or injury date to either settle their claim or file a lawsuit.

Contact Us Today

At The Penton Law Group, PLLC, we have dedicated our practice exclusively to personal injury matters. We have multiple locations, Contact our Jackson personal injury attorneys today if you have been injured because of the negligence of another.